THIN GS TO C O NS IDER BEFO RE THE DO L C O MES KNO C KIN G

TO N YA C. JO RDANS ENIO R C O UN S EL , LAB O R AND EMPLO Y MEN T

C O N O C O PHILLIPS C O MPANY

Wage and Hour Litigation/Increased DOL

Enforcement Activity

Offense or Defense?

Last “comprehensive” internal position audit in 2004

DOL challenge on certain positions in one location in 2005

Stop and start efforts to audit a job site with use of internal HR resources 2008-2010

Continued promises from the DOL in 2010 to increase enforcement activities related to misclassification issues

Manage Internally or Retain Outside Counsel?

Depends on how comprehensive of a review you want to undertake. Important considerations: Resources Available information Accessibility of information Privilege

Issues/Challenges

Available documentationEducation and alignment with HR and management

– at all levelsChange management – do not underestimate the

importance Prepare to meet with resistance from various

sources and levelsMaintain control of the flow and timing of

communicationImperative to have credible and trustworthy

interviewersBe adaptable and prepared for the “unknown”

Issues/Challenges

Implementation and handover to HRPrepare to answer “why” the company is doing thisDevelop good tools (checklists) for supervisors who

have not managed non-exempts before Do not forget about “BYOD” implications

Decide, with full management buy in, how to handle employee challenges to the reclassification decision No back pay? 2 years back pay? 3 years back pay Release?